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MATTER OF VISCONTI v. KELLY

49 A.D.3d 273 (2008)

852 N.Y.S.2d 117

In the Matter of NICHOLAS VISCONTI, Appellant, v. RAYMOND KELLY, as Police Commissioner of the City of New York, and as Chairman of the Board of Trustees of the Police Pension Fund, Article II, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 4, 2008.

Petitioner sustained back injuries in a 1994 line-of-duty accident and a 1999 line-of-duty incident while removing a spare tire from a police vehicle, the latter of which was not an "accident" for pension purposes (see Matter of Menna v New York City Employees' Retirement Sys., 59 N.Y.2d 696 [1983]).

The Board of Trustees' determination in 2004 that the 1999 injury was the competent causal factor of petitioner's disability...

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